Trinity Cemetery Ass'n v. Township of Wall

Summary

The New Jersey Supreme Court held that the New Jersey Cemetery Act preempted Wall Township from rezoning property for residential use after the Cemetery Board issued a certificate of authority and the deed was recorded. The court nevertheless reversed and remanded for trial on the Township’s allegation that it had been induced to adopt the original cemetery zoning ordinance by deception concerning the proposed cemetery development. If deception were proved, the original ordinance could be invalidated, allowing the Township’s zoning restrictions to govern.

Holdings

1. The New Jersey Cemetery Act preempted Wall Township from adopting an ordinance rezoning Trinity's property from cemetery use to residential use after the Cemetery Board issued a certificate of authority and Trinity acquired and recorded the deed before the later ordinance was finally adopted.
2. If the Township proves that it was induced by deception to adopt the original ordinance rezoning the property for cemetery use, a court may invalidate or rescind that ordinance and enjoin conduct that violates the applicable zoning ordinance and plan.

Questions Presented

1. Whether the New Jersey Cemetery Act preempted Wall Township from rezoning the property from cemetery use to residential use after the Cemetery Board issued a certificate of authority and Trinity recorded the deed before the rezoning ordinance was finally adopted.
2. Whether the Township's allegations that it was induced by deception to adopt the original cemetery-zoning ordinance, if proven at trial, could support invalidation or rescission of that ordinance.

Disposition

reversed_and_remanded